Ali Ndume, suspended senator representing Borno south, will resume his duties as a legislator on Wednesday.
A 90-day suspension was handed to him by the upper legislative chamber in March.
The senate agreed to recall him after it held a closed-door session on Tuesday.
Ike Ekweremadu, deputy senate president, said Ndume should resume tomorrow “without prejudice to the current court processes”.
He said: “In the closed door session, the senate also discussed the suspension of Ali ndume and resolved that he should resume sitting in Wednesday 15th November 2017 since he has served his suspension of 90 legislative days without prejudice to the current court processes.”
In March, the upper legislative chamber gave Ndume a six-month suspension for allegedly embarrassing Senate President Bukola Saraki and Dino Melaye, senator representing Kogi west.
The Borno senator had asked the senate to investigate the allegation that the red chamber was exacting vengeance on Hameed Ali, comptroller-general of the Nigeria Customs Service, because of a seized bullet-proof car allegedly owned by Saraki.
The senator also demanded that Melaye should be probed for certificate forgery.
Saraki and Melaye were cleared of the allegations by a senate probe panel.
On Friday, the court said the suspension was illegal and directed the senate to ensure prompt payment of Ndume’s salaries and allowances.
Mike Ozekhome, counsel to the senate, on Sunday said the upper legislative chamber “respectfully” disagrees with the judgment.
He said going by the legislative houses (powers and privileges) act, the trial court lacked requisite jurisdiction to hear the suit of Ndume.
“The senate of the federal republic of Nigeria, will on Monday, November 13, 2017, file an appeal against the judgment of the Federal High Court, delivered today, 10th of November, 2017,” the statement by Ozekhome had read.